As required by the New Jersey Department of Environmental Protection, under the Municipal Stormwater Regulation Program, the Borough of River Edge must establish requirements for tree removal and replacement to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Adopted 10-21-2002 by Ord. No. 1401; amended in its entirety 4-22-2024 by Ord. No. 24-10]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" mean the requirement is always mandatory and not merely directory.
Any "person," as defined below, who applies for approval to remove trees regulated under this article.
The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet per inch of DBH. For example, a tree with a six-inch DBH would have a CRR of nine feet (six inches x 1.5 feet/inch = nine feet).
The diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
A tree or limbs thereof that meets one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrian or vehicles, where pruning attempts have not been effective;
Is causing severe damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (L.T.E.).
Any individual, resident, corporation, utility, company, partnership, firm or association.
The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
An individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed.
A tree planted in the sidewalk or a planting strip in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage invasive species. Removal includes grinding of the tree stump.
[Amended 9-9-2024 by Ord. No. 24-20; 3-27-2025 by Ord. No. 25-7; 10-9-2025 by Ord. No. 25-18]
A.
Any person who seeks to remove any street tree, unless exempt under § 384-8, shall be required to obtain a tree removal permit from the Superintendent or designee of the Department of Public Works and shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
Any person who seeks to remove any tree with a DBH of six inches or more from any property within the Borough of River Edge, unless exempt under § 384-8, shall be required to obtain a tree removal permit from the Superintendent or designee of the Department of Public Works and shall be subject to the requirements of the Tree Replacement Requirements Table.
C.
The species type and diversity of replacement trees shall be in accordance with the most recent list of native trees published by the New Jersey Department of Environmental Protection which shall be listed in Appendix A.
D.
Replacement tree(s):
(1)
Shall be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the tree replacement criteria in the table below;
(2)
For nonconstruction removals, must be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough;
(3)
If a construction permit is issued, replacement must be completed before a certificate of occupancy is issued by the Building Department;
(4)
Shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months;
(5)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements; and
(6)
The permit site will be reinspected before close out of the permit.
Tree Replacement Requirements Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 15.99" | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed |
2 | DBH of 16" to 25.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed |
3 | DBH of 26" to 35.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed |
4 | DBH of 36" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed |
E.
Administration or application fee for the processing of each tree removal permit is $100. Any subsequent application or request shall be subject to the same fee requirement. All application fees will be deposited into the shade tree fee account. A refundable bond in the amount of $400 per tree must be provided at the time of application. Bonds will be refunded once the replacement tree or trees have been planted and inspected by the Superintendent of Public Works or designee.
F.
Replacement alternatives: Unless the Superintendent or designee of the Department of Public Works has determined otherwise, all property owners must replace any tree removed with 100% of the trees that are required in § 384-7D (Tree Replacement Requirements Table) on the approved tree permit that allows the tree removal be done on the property. For any trees that are not replanted on the property where the tree removal activity occurred, with the approval of the Superintendent or designee of the Department of Public Works, the applicant shall do one of the following:
[Amended 3-27-2025 by Ord. No. 25-7; 10-9-2025 by Ord. No. 25-18]
All property owners shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all property owners claiming an exemption including photos, a detailed explanation as to why they should be exempt and any statements from a licensed tree expert or arborist.
A.
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
B.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;
C.
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan;
D.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
E.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
F.
Hazard trees may be removed with no fee, provided however, that the grinding of the tree stump is required as part of the removal process.
This ordinance shall be enforced by the DPW Superintendent and by the River Edge Police Department and/or Code Enforcement Officer, during the course of ordinary enforcement duties.
[Amended 9-9-2024 by Ord. No. 24-20]
Any person(s) who is found to be in violation of the provisions of this article shall upon conviction be subject to a fine of not less than $100 nor more than $2,000, imprisonment for a term not to exceed 90 days or community service for a period of up to 90 days, or any combination thereof. In addition, the Borough may recover the sum of $400 for each tree that would have been required for mitigation pursuant to § 384-7. Any additional sums recovered shall be deposited into the Borough's Shade Tree Trust Fund.
A.
Any person either i) undertaking a regulated project or ii) required to obtain a permit for the removal, construction or replacement of a sidewalk pursuant to § 362-22 of Article IV of Chapter 362 of the Revised General Ordinances of the Borough of River Edge with respect to a sidewalk which interferes with, or adversely affects, a Borough shade tree shall secure a tree protection permit from the DPW Superintendent and will provide the Borough of River Edge with a cash tree bond in accordance with the Tree Bond Table below for each Borough of River Edge tree adjacent to or on said property for a duration of up to a maximum of three years starting from the time a certificate of occupancy is issued. After two years, the tree/trees will be evaluated by the Committee, and based upon the evaluation, the DPW Superintendent will determine whether the cash bond be extended or utilized to remove and replace any or all of the Borough of River Edge trees on said property.
Tree Bond Table | ||
|---|---|---|
Category | Tree (DBH) | Tree Bond Amount |
1 | DBH of 2.5 inches to 15.99 inches | $1,500 |
2 | DBH of 16 inches to 25.99 inches | $2,000 |
3 | DBH of 26 inches to 35.99 inches | $2,500 |
4 | DBH of 36 inches or greater | $3,000 |